New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-08
NEW PUBLICATIONS.
INTERSTATE COMMERCE.


LIGHT , w amnercs Chicago: Tue Railway Age Pub
iissing Company. 12mo. PIP. 2lo.
LAW OF INTERSTATE C0MAE,HG , W ssDcnpsti Bar.
Robert Clark 4 Co. svo, 225 PIP
These two volumes are both of pr'ctical value
bev cast light from different points OF view upon on"
~ tho most important statutes enacted within inc
mast twenty-five years. Ono OF them brings 10 tno
OF the act Light from tho history OF the
statute itself tho bills which preceded 1t In the TWO
houses the arguments OF prominent advocates anu
opponents tho discussions by prominent railroad men
and boards of trade and tho action OF railroad asso
Citations and OF the commissioners In the oher "oiA
tho law is considered from strictly legal aspect i'
words In their legal Interpretation, tho similar ehac
mcnts In this and other countries from which part VI
rs proyisons arc drawn and their Interpretation W
Tho courts tho questions arising In regard 10 'he con,
sttutonality of the law, and the limits OF tho Po"e
Of Congress respecting the subject matter, al. " ~
card to the legal meaning OF phrases used ana decis
ions fixing the meaning of similar phrases ia o'n0i
acts, are examined in this useful voume.
1t viii naturally DO Inferred that the ia'cr VI .h
works Is OF especial uso legal profession ana the
former to railroad men and investors bu' oo'h arc
alike important students Of both classes for 'hs
law cannot bo interpreted without minute kho"r
edge of Its history, and Of tho discussions which pre-
coded its enactment II 1t BIO maxim OF legal inter
preta,ion that tho history Of law but not the In
In debate pr,r to It's enactment, must 10 considered
I'm its ation that principle cannot apply In null
force t. this statute, which was adopted under such
peculiar circumstances that Judge Cooley an eminent
jurist the first elaborate exposition of the act puo
ished by thu Interstate commission resorts TO the az
guments OF leading In tho House and Senate re-
spectivoly for information regarding the meaning VI
tho law as finally enacted.
This act really has no parallel precedent 10 other
countries in this Tho English statute 10 whch
reference is often made the source from which the
qualifying phrase Z" under bsiantally similar cir
cumstances and conditions drawn does not con
tain that phrase radically different one under
tho samo circumst ances." vast number of English
cases cited by Mr. Harper showing judicial lnterpre
tatons OF the English phrase must be studied with
especial caution, because the qualifying phrase OF the
United states act is at much broader aud yet In
q the moro explicit Conditions means one
thing and something VITAL 1t would not have been
carefully thrust into phrase In part borrowed nom
another act. 1t obviously refers to those phases OF
competition which make the getting of traffic de-
pendent upon the rates made and so uncertain or
conditional Not only is this phrase far broader than
tho English, 1" tho circumstances" but the words
under substantially similar" have very different
effect from tho English under the same clrcun-
stances" Hence many Of the English decisions cited
by Mr. Harper are rendered nappcable for tho inter-
probation of the American law by this difference In the
qualifying phrase.
Tho regulating acts of tho different States and tho
decisions interpreting them arc also of limited useful
ness. For The States generally acted upon tho
theory that their police power, covering regulation
Of traffic within their borders, extended also to the
regulation of traffic coming their borders from
other States and continuing under their jurisdiction
The decision of the Supreme Court In
the wabash case holding void all at
tempts by the States to regulate traffic crossing
State lines, not only opened the way for tho United
States enactment showing that 1t necessary to the
accomplishment OF the purposes Of those who had
favored the State laws but IL prepared the way for an
not less serious attempt by the encra Gov
eminent to exercise powers which do not rightfuly
belong to 1t Whether the Interstate act is open to
modification or judicial crppllng by Of such
defect remains to be determined Thus the question
will presently arise whether any provisions of the
United states law, which virtually alter rates that
transportation company was b. Its chae permitted to
mako within a State arc violations of contract
which, being valid within a State by which charter
granted, cannot DO impaired by Congressional en-
actment.
The value of both volumes as aids to correct In
depreciation of tho law Is very great Mr. Harper's
industrious compilation of citations, including fire.
Quent quotations from about $50 cases. arranged &C
cording their bearing upon the many phases Of the
law and questions arising under It, can be best appre
clated both its Industry and in its value by law
yers But a perusal of the work would also greatly
help practical railway managers and Investors In de-
termining how far various methods, hitherto found
financially beneficial to corporations, likely to DO
aust aimed by the courts. striking reflection
hasy examination of these volumes will suggest to
every intelligent reader that Government has en-
tered upon course Of legislation which may With
strict accuracy be termed revolutionary, In enactng
this remarkable law.